Make a protected disclosure

If you currently work or have previously worked with or for NZ Transport Agency Waka Kotahi (NZTA), and you’re concerned about serious wrongdoing that is happening or has happened at work, you can make a protected disclosure (sometimes called ‘whistleblowing’).

Who can make a protected disclosure?

You can make a protected disclosure if you are an employee or former employee of NZTA. This includes NZTA contractors, secondees, volunteers and board members. Current NZTA employees can also refer to our Protected Disclosures (Whistleblowers) Policy available on the NZTA intranet which outlines how to raise issues and how to report serious wrongdoing.

When will a disclosure be protected?

Your disclosure will be protected if you:

• believe on reasonable grounds that there is, or has been, serious wrongdoing
• do not disclose the information in bad faith
• disclose the information in accordance with the procedures in this policy.

You’re entitled to protection under the Protected Disclosures (Protection of Whistleblowers) Act 2022 (the Act) even if you are mistaken and there is no serious wrongdoing, or if you don’t refer to the Act when making the disclosure, as long as you comply with the NZTA Whistleblower policy.

What counts as serious wrongdoing?

Serious wrongdoing has a legal definition, and it includes any act, omission or conduct by NZTA that is:

• a criminal offence
• a serious risk to
  • public health
  • public safety
  • the health or safety of any individual, or
  • the environment
• a serious risk to maintaining the law
• unlawful, corrupt, or irregular use of public funds or public resources (including private sector use of public funds)
• oppressive, unlawfully discriminatory, or grossly negligent behaviour.

What protection do protected disclosers receive?

If you make a protected disclosure you are entitled to immunity from civil, criminal, and disciplinary proceedings in relation to the making of the disclosure.

It’s NZTA’s responsibility to:

• endeavour to keep the information which may identify you confidential (there are some exceptions to this)
• protect any personal information disclosed
• ensure you are not retaliated against, or threatened with retaliation
• ensure you are not treated less favourably.

How to make a protected disclosure

You should report serious wrongdoing by doing one of the following:

• Email whistleblower@nzta.govt.nz
• If you’re a current NZTA employee, use the whistleblowers form available on our intranet, accessible from the Integrity page
• Use our complaint form
  • When using our complaint form, you can make an anonymous protected disclosure by selecting the ‘Do you wish to remain anonymous?’ box
• Use the hotline operated by EAP Services – 0800 327 669
  • When using the hotline, say that you’d like to report serious wrongdoing relating to NZTA
• Contact the Chief Executive or Chair of the NZTA Board’s Risk and Assurance Committee.

Other organisations may also be able to receive protected disclosures. These organisations are also called “appropriate authorities”. A list of these organisations, and further advice on protected disclosures, can be found on the Ombudsman website.

Ombudsman website(external link)

Private sector organisations must follow the provisions of the Act including those as a receiver of a protected disclosure. However private sector organisations are not required by the Act to establish internal procedures for protected disclosures.